NY State Senate Bill 2025-S5817

Senate Bill S5817

2025-2026 Legislative Session

Relates to temporary release eligibility for judicially ordered comprehensive alcohol and substance abuse treatment

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Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2025	referred to crime victims, crime and correction

co-Sponsors

2025-S5817 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §851, Cor L; amd §60.04, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4324
2021-2022: S2200
2023-2024: S4920

2025-S5817 (ACTIVE) - Summary

Relates to temporary release eligibility for judicially-ordered comprehensive alcohol and substance abuse treatment.

2025-S5817 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5817

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law and the penal law, in relation to
temporary release eligibility for judicially-ordered comprehensive alco-
hol and substance abuse treatment

 
PURPOSE:

To permit inmates who are ordered by judges to attend comprehensive
alcohol and substance abuse treatment (CARAT) programs to complete the
program.

 
SUMMARY OF PROVISIONS:

Sections 1, 2 and 3 amend correction law 851(2) to add inmates who were
judicially-ordered to CARAT to the definition of inmates eligible for
work release.

Section 4 amends section 60.04(6) of the penal law to provide that

defendants judicially sentenced to CASAT shall be eligible for work
release.

 
JUSTIFICATION:

Judicially-ordered CASAT was intended by the legislature to allow courts
to directly order defendants whose crimes were committed because of
their drug use to go to an intensive drug treatment program run by DOCCS
and to then go onto work release where they could be closely monitored
for sobriety while earning their way back into society. Besides judi-
cially-ordered CARAT, other inmates with drug and alcohol abuse problems
can be sent to CASAT by DOCCS once they are getting close to being work-
release eligible, that is within two years of completion of their mini-
mum sentences. Because of the wording of the statute, DOCCS decided that
judicially-ordered inmates who had more than two years to go on their
sentences when they completed phase I of the CASAT program were not
eligible for work release. Instead, DOCCS sends those inmates back into
prison where their progress is out on hold while they finish their
sentences.

Given the current heroin epidemic and the number of people caught up in
cycles of addiction, it is time to revisit the language authorizing
Judicially-ordered CARAT. When the court determines that a criminal
defendant is a good candidate for intensive drug treatment followed by
work release, that defendant should have a chance to fully participate
in the CASAT program. Inmates who successfully complete the drug-treat-
ment component of the program should be able to participate in work
release, as originally intended by the Legislature. Any inmate who is
not successful on work release or who relapses will be sent back to
prison, at least until he or she has completed his or her minimum
sentence.

Work release is a positive tool for rehabilitation and is more restric-
tive than parole. It gives addicted inmates the opportunity to overcome
their drug problems and return to society more quickly once those prob-
lems are addressed. An inmate who finishes his or her minimum sentence

on work release is then eligible for parole release like any other
inmate.

 
LEGISLATIVE HISTORY:

S.4920 of 2023-2024; Referred to Crime Victims, Crime and Correction;

S.2200 of 2021-22, Referred to Crime Victims, Crime and Correction;

S.4324 of 2019-20, Referred to Crime Victims, Crime and Correction;

A.10907 of 2018, Advanced to Third Reading

 
FISCAL IMPLICATIONS:

None. The CASAT programs are under-enrolled since the state enacted
Rockefeller Drug Law Reform so they have excess capacity. It saves money
to send inmates out on work release instead of locking them up in pris-
on.

 
EFFECTIVE DATE:
This act takes effect on the 60th day after it shall have become a law,
provided however, that the amendments to subdivision 2 of section 851 of
the correction law made by section one of this act shall be subject to
the expiration and reversion of such subdivision and section pursuant to
subdivision (c) of section 46 of the chapter 60 of the laws of 1994 and
section 10 of chapter 339 of the laws of 1972, as amended, when upon
such date the provisions of section two of this act shall take effect;
provided, further, that the amendments to subdivision 2 of section 851
of the correction law made by section two of this at shall expire on the
same date as subdivision (c)of section 46 of chapter 60 of the laws of
1994 and section 10 of chapter 339 of the laws of 1972, and section 5 of
chapter 554 of the laws of 1986, as amended, expire when upon such date
the provisions of section three of this act shall take effect.

2025-S5817 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5817
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced by Sens. SEPULVEDA, COMRIE -- read twice and ordered printed,
   and  when  printed  to be committed to the Committee on Crime Victims,
   Crime and Correction
 
 AN ACT to amend the correction law and the penal  law,  in  relation  to
   temporary  release  eligibility  for  judicially-ordered comprehensive
   alcohol and substance abuse treatment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 851 of the correction law, as
 amended by section 228 of chapter 322 of the laws of 2021, is amended to
 read as follows:
   2. "Eligible incarcerated individual" means: a person confined  in  an
 institution  who  is  eligible  for release on parole or who will become
 eligible for release on parole or conditional release within  two  years
 OR  WHO  HAS  COMPLETED  A  JUDICIALLY-ORDERED SUBSTANCE ABUSE TREATMENT
 PROGRAM IN A STATE CORRECTIONAL FACILITY PURSUANT TO SUBDIVISION SIX  OF
 SECTION  60.04 OF THE PENAL LAW.  Provided, however, that a person under
 sentence for an offense defined in paragraphs (a) and (b) of subdivision
 one of section 70.02 of the penal law, where such offense  involved  the
 use  or  threatened use of a deadly weapon or dangerous instrument shall
 not be eligible to participate in a work release program  until  [he  or
 she] SUCH PERSON is eligible for release on parole or who will be eligi-
 ble for release on parole or conditional release within eighteen months.
 Provided,  further,  however, that a person under a determinate sentence
 as a second felony drug offender for a class B felony offense defined in
 article two hundred twenty of the penal law, who was sentenced  pursuant
 to  section 70.70 of such law, shall not be eligible to participate in a
 temporary release program until the time served under  imprisonment  for
 [his or her] SUCH PERSON'S determinate sentence, including any jail time
 credited pursuant to the provisions of article seventy of the penal law,
 shall  be  at  least eighteen months. In the case of a person serving an
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10290-01-5

 S. 5817                             2
 
 indeterminate sentence of imprisonment imposed pursuant to the penal law
 in effect after September one, nineteen  hundred  sixty-seven,  for  the
 purposes of this article parole eligibility shall be upon the expiration
 of  the  minimum  period of imprisonment fixed by the court or where the
 court has not fixed any period, after  service  of  the  minimum  period
 fixed  by  the  state  board of parole. If an incarcerated individual is
 denied release on parole, such  incarcerated  individual  shall  not  be
 deemed an eligible incarcerated individual until [he or she] SUCH INCAR-
 CERATED INDIVIDUAL is within two years of [his or her] THEIR next sched-
 uled  appearance  before  the  state  parole board. In any case where an
 incarcerated individual is denied release on parole while  participating
 in  a  temporary release program, the department shall review the status
 of the incarcerated individual to determine if  continued  placement  in
 the  program  is  appropriate.  No  person  convicted  of  any escape or
 absconding offense defined in article two hundred five of the penal  law
 shall  be  eligible  for  temporary  release.  Further,  no person under
 sentence for aggravated harassment of an  employee  by  an  incarcerated
 individual  as defined in section 240.32 of the penal law for, any homi-
 cide offense defined in article one hundred  twenty-five  of  the  penal
 law,  for  any  sex offense defined in article one hundred thirty of the
 penal law, or for an offense defined in section 255.25, 255.26 or 255.27
 of the penal law shall be eligible to  participate  in  a  work  release
 program  as  defined in subdivision three of this section. Nor shall any
 person under sentence for any sex offense defined in article one hundred
 thirty of the penal law  be  eligible  to  participate  in  a  community
 services  program  as  defined  in  subdivision  five  of  this section.
 Notwithstanding the foregoing, no person who is  an  otherwise  eligible
 incarcerated individual who is under sentence for a crime involving: (a)
 infliction  of  serious  physical  injury upon another as defined in the
 penal law or (b) any other offense involving the use or  threatened  use
 of  a deadly weapon may participate in a temporary release program with-
 out the written approval of the  commissioner.  The  commissioner  shall
 promulgate regulations giving direction to the temporary release commit-
 tee  at each institution in order to aid such committees in carrying out
 this mandate.
   The governor, by executive order, may exclude  or  limit  the  partic-
 ipation of any class of otherwise eligible incarcerated individuals from
 participation  in a temporary release program. Nothing in this paragraph
 shall be construed to affect either the validity of any executive  order
 previously  issued  limiting  the  participation  of  otherwise eligible
 incarcerated individuals in such program or the authority of the commis-
 sioner to impose appropriate regulations limiting such participation.
   § 2. Subdivision 2 of section 851 of the correction law, as amended by
 section 228-b of chapter 322 of the laws of 2021, is amended to read  as
 follows:
   2.  "Eligible  incarcerated individual" means: a person confined in an
 institution who is eligible for release on parole  or  who  will  become
 eligible  for  release on parole or conditional release within two years
 OR WHO HAS COMPLETED  A  JUDICIALLY-ORDERED  SUBSTANCE  ABUSE  TREATMENT
 PROGRAM  IN A STATE CORRECTIONAL FACILITY PURSUANT TO SUBDIVISION SIX OF
 SECTION  60.04 OF THE PENAL LAW.  Provided, that a person under a deter-
 minate sentence as a second felony drug offender for a  class  B  felony
 offense  defined in article two hundred twenty of the penal law, who was
 sentenced pursuant to section 70.70 of such law, shall not  be  eligible
 to  participate  in  a  temporary  release program until the time served
 under imprisonment for [his or her] SUCH PERSON'S determinate  sentence,
 S. 5817                             3
 
 including  any  jail time credited pursuant to the provisions of article
 seventy of the penal law, shall be at least eighteen months. In the case
 of a person serving an indeterminate sentence  of  imprisonment  imposed
 pursuant  to  the  penal  law  in  effect  after September one, nineteen
 hundred sixty-seven, for the purposes of this article parole eligibility
 shall be upon the expiration of the minimum period of imprisonment fixed
 by the court or where the court has not fixed any period, after  service
 of  the  minimum period fixed by the state board of parole. If an incar-
 cerated individual is denied release on parole, such incarcerated  indi-
 vidual shall not be deemed an eligible incarcerated individual until [he
 or she] SUCH INCARCERATED INDIVIDUAL is within two years of [his or her]
 THEIR  next  scheduled  appearance before the state parole board. In any
 case where an incarcerated individual is denied release on parole  while
 participating  in  a  temporary  release  program,  the department shall
 review the status of the incarcerated individual to determine if contin-
 ued placement in the program is appropriate. No person convicted of  any
 escape  or absconding offense defined in article two hundred five of the
 penal law shall be eligible for temporary release. Nor shall any  person
 under sentence for any sex offense defined in article one hundred thirty
 of  the  penal  law  be  eligible to participate in a community services
 program as defined in subdivision five of this section.  Notwithstanding
 the foregoing, no person who is an otherwise eligible incarcerated indi-
 vidual who is under sentence for a crime involving:  (a)  infliction  of
 serious  physical injury upon another as defined in the penal law, (b) a
 sex offense involving forcible compulsion,  or  (c)  any  other  offense
 involving  the  use or threatened use of a deadly weapon may participate
 in a temporary release program  without  the  written  approval  of  the
 commissioner.  The  commissioner  shall  promulgate  regulations  giving
 direction to the temporary release  committee  at  each  institution  in
 order to aid such committees in carrying out this mandate.
   The  governor,  by  executive  order, may exclude or limit the partic-
 ipation of any class of otherwise eligible incarcerated individuals from
 participation in a temporary release program. Nothing in this  paragraph
 shall  be construed to affect either the validity of any executive order
 previously issued  limiting  the  participation  of  otherwise  eligible
 incarcerated individuals in such program or the authority of the commis-
 sioner to impose appropriate regulations limiting such participation.
   §  3.  Subdivision 2 of section 851 of the correction law, as added by
 section 228-d of chapter 322 of the laws of 2021, is amended to read  as
 follows:
   2.  "Eligible  incarcerated  individual" means a person confined in an
 institution where a work release program has  been  established  who  is
 eligible  for  release on parole or who will become eligible for release
 on parole within one year OR  WHO  HAS  COMPLETED  A  JUDICIALLY-ORDERED
 SUBSTANCE  ABUSE  TREATMENT  PROGRAM    IN A STATE CORRECTIONAL FACILITY
 PURSUANT TO SUBDIVISION SIX OF SECTION 60.04 OF THE PENAL LAW.
   § 4. Subdivision 6 of section 60.04 of the penal law,  as  amended  by
 section 120 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   6.  Substance  abuse  treatment.  When the court imposes a sentence of
 imprisonment which requires a commitment  to  the  state  department  of
 corrections and community supervision upon a person who stands convicted
 of  a  controlled  substance  or  marihuana offense, the court may, upon
 motion of the defendant in its discretion, issue an order directing that
 the department of  corrections  and  community  supervision  enroll  the
 defendant  in  the  comprehensive  alcohol and substance abuse treatment
 S. 5817                             4
 
 program in an alcohol and substance abuse correctional annex as  defined
 in  subdivision  eighteen of section two of the correction law, provided
 that the defendant will satisfy the statutory eligibility  criteria  for
 participation  in such program. Notwithstanding the foregoing provisions
 of this subdivision, any defendant to be enrolled in such program pursu-
 ant to this subdivision shall be governed by the same  rules  and  regu-
 lations  promulgated  by  the  department  of  corrections and community
 supervision, including without limitation those  rules  and  regulations
 establishing requirements for completion and those rules and regulations
 governing  discipline and removal from the program. SUCH DEFENDANT SHALL
 BE DEEMED ELIGIBLE FOR TEMPORARY RELEASE PURSUANT TO SUBDIVISION TWO  OF
 SECTION EIGHT HUNDRED FIFTY-ONE OF THE CORRECTION LAW UPON COMPLETION OF
 SUCH  PROGRAM.  No  such  period of court ordered corrections based drug
 abuse treatment pursuant to this subdivision shall be required to extend
 beyond the defendant's conditional release date.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law; provided, however, that the amendments to subdivision
 2  of  section 851 of the correction law made by section one of this act
 shall be subject to the expiration and reversion of such subdivision and
 section pursuant to subdivision (c) of section 46 of chapter 60  of  the
 laws  of  1994  and  section  10  of chapter 339 of the laws of 1972, as
 amended, when upon such date the provisions of section two of  this  act
 shall take effect; provided, further, that the amendments to subdivision
 2  of  section 851 of the correction law made by section two of this act
 shall expire on the same date as subdivision (c) of section 46 of  chap-
 ter  60  of  the  laws of 1994, section 10 of chapter 339 of the laws of
 1972, and section 5 of chapter 554 of the laws of 1986, as amended, when
 upon such date the provisions of section three of this  act  shall  take
 effect.

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Senate Bill S5817

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Sponsored By

Luis R. Sepúlveda